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I saw this and thought it was a bit odd. I was under the presumption that consent WAS given, but it looks like I was completely wrong. Probably a good ole fashion class action lawsuit should straighten this out and hopefully enforce the whole cosplay =/= consent message.

I saw this and thought it was a bit odd. I was under the presumption that consent WAS given, but it looks like I was completely wrong. Probably a good ole fashion class action lawsuit should straighten this out and hopefully enforce the whole cosplay =/= consent message.

pixiebelle wrote:I am one of the girls on the pillows and I can tell you in no way did I sign for this. Me and my bf went up to him at the con and he showed me the "alleged" contract I signed but my signature wasn't on it and it was a digital copy, he doesn't have physical copies!

Yea, if he doesn't have a physical contract, that can be a big problem. I've shot photography for years, and I get contracts signed just to use stuff in my portfolio formally, and have a completely different contract for work where photography will be used for commercial use. Plus, assuming he didn't take those images himself, then the photographer can also come after them as well for using their work without permission. (Plus, photographers and possibly professional cosplayers can not only have the merchandise pulled and destroyed legally, but possibly sue for damages as well)

Anyone that tries a "public places" excuse, that goes out the door when you start selling the work. I've had to deal with all this plenty between shooting performers and entertainers (aside from cosplayers) and had to go after several companies for stealing my work before. It's a pain in the ass to deal with, but if you stay on it, it's a fight you will win. Hopefully they will see the light and you won't have to take the legal route.

I'd counter to the not having the physical contract with would he carry the original paperwork with him to every single con? That wouldn't make sense. The fact that he even thought to have digital copies. Is more then a lot of people selling products.

What's funny is I've seen this guy at events for years. This isn't even the first con he sold these pillows. I saw him selling them at Steampunk World's Faire. And I've seen him doing the shoots to get the images for years. It seems like he does a "Free Shoot" to get the images then sells them in this manner.

That said if the contract signed mentioned "For Trade" in the possible uses they don't have THAT much of a legal recourse. As the images remain unedited. However, if the claims of the Superman cosplayer are true and that this is just a convention candid. THEN you can nail this guy.

Here's a question I was wondering: in addition to the cosplayers, and possibly the photographers, would Marvel and DC have recourse for an action? I doubt he has DC's permission to sell superman pillows, after all.

Lord Simian wrote:Here's a question I was wondering: in addition to the cosplayers, and possibly the photographers, would Marvel and DC have recourse for an action? I doubt he has DC's permission to sell superman pillows, after all.

given how they literally bled gary friedrich dry you'd imagine so. then again that was retaliation after he tried to sue them first.

pixiebelle wrote:I am one of the girls on the pillows and I can tell you in no way did I sign for this. Me and my bf went up to him at the con and he showed me the "alleged" contract I signed but my signature wasn't on it and it was a digital copy, he doesn't have physical copies!

...Can I ask what came of the confrontation? If need be, you can PM me the details.

Also, the original article has been edited to account for the mistakes in reporting of this story. I'll make sure to do better next time.

wait a second those clones I made out of country of you I use those as body pillows. I got the dna from your drinks I gave you for free in my convention party. It is really your fault for leaving your dna there.